Holiday Denied but Employee Takes it Anyway

Annual leave is a legal right, but that doesn’t mean employees can take holiday whenever they choose. Requests must be agreed in advance, and employers are entitled to refuse them for legitimate business reasons.

But what happens if a request is denied and the employee takes the time off anyway?

This guide explains the legal position, the potential consequences, and how both sides can handle the situation fairly.

What the Law Says

In the UK, employees are entitled to 5.6 weeks of statutory annual leave each year. However, the timing of that leave must be agreed with the employer.

Employers can refuse holiday requests if:

• • The dates clash with business needs (e.g. peak season)

  • Too many team members are already on leave

  • Notice requirements for requesting leave haven’t been followed

Employees cannot take holiday without approval. If they do, it is considered unauthorised absence.

For Employers: How to Respond

If you refuse a holiday request, you should:

1. 1. Give your reasons in writing – simply saying “no” is not enough.

   2. Warn the employee – make it clear that taking leave anyway will count as unauthorised absence, which may lead to no pay and disciplinary action.

   3. Refer to your policies – ensure your employee handbook sets out the process for requesting leave and the consequences of unauthorised absence.

If the employee still goes ahead and takes the holiday:

• • Record it as unauthorised absence.

  • Do not pay them for that time.

  • Address the issue through your disciplinary procedure once they return.

Need the right letters and policies at your fingertips?

Our HR Toolkit includes a ready-to-use template letter for refusing leave requests, and if you don’t yet have a staff handbook to support these policies, you’ll also find one in the Toolkit.

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For Employees: What You Need to Know

If your holiday request is refused, you must not take the time off anyway. Doing so could lead to:

• • Loss of pay for the unauthorised absence

  • Disciplinary action for misconduct

  • In serious cases, dismissal

If you’re unhappy with the refusal, the best steps are to:

• • Speak to your manager to understand why it was refused

  • Suggest alternative dates

  • Raise a formal grievance if you believe the refusal is unfair or discriminatory

Preventing Problems

The best way to avoid conflict is through clear policies and communication. Employers should:

• • Have a transparent holiday policy in the employee handbook
  • Communicate rules clearly during induction and regular reminders
  • Encourage staff not to book holidays (e.g. flights) until leave has been approved

Employees should:

• • Submit requests in good time
  • Avoid assuming a request will be approved until written confirmation is received
  • Consider business needs when planning holiday dates

Key Takeaway

Employees cannot lawfully take holiday without approval. Employers are within their rights to refuse requests if they have legitimate business reasons, and to treat unauthorised absence as misconduct.

For both sides, the solution is the same: clear communication, written records, and fair policies. This ensures employees get the leave they’re entitled to, while employers can manage staffing levels without disruption.

If you are among the many who find calculating and managing annual leave a bit daunting, sign up to our email course on ‘Managing Annual Leave – An Employer’s Guide‘. There is no fee, no test and an email is delivered straight to your inbox over 10 days. This course is suitable for anyone who has oversight of managing annual leave.

If you need a hand to get your policies in order and/or a good few of them are up for review, this is a great opportunity to have a look at our Online HR Toolkit. This Toolkit is designed to empower you to self-manage almost any HR situation.